CA-AB351-Senate

California Senate Votes to Reject NDAA “Indefinite Detention.” 37-0

SACRAMENTO, Cal. (Sept. 3, 2013) – Today, the California State Senate voted to approve a bill that will help render toothless the federal “indefinite detention” powers under the National Defense Authorization Act (NDAA).  The bill, by Assemblymember Tim Donnelly, was previously passed by the state assembly by a vote of 71-1 (roll call here)

California residents are strongly encouraged to contact Governor Jerry Brown, urging him to sign AB351.  (contact info here)

If passed into law, AB351 would make it state policy to reject “indefinite detention” powers from the federal government.   It reads, in part:

It is the policy of this state to refuse to provide material support for or to participate in any way with the implementation within this state of any federal law that purports to authorize indefinite detention of a person within California. [emphasis added]

This language of AB351 goes far beyond what has been considered in most other states, which focus solely on indefinite detention powers under the 2012 National Defense Authorization Act (NDAA), and nothing else.  Donnelly’s legislation broadens the scope by recognizing that indefinite detention should not be complied with no matter what federal law is used to justify it.  Donnelly confirmed this broad scope, “AB351 will prevent California from implementing indefinite detention for any reason.”

This would make a HUGE dent in any federal effort to detain without due process in California.  As Judge Andrew Napolitano has said recently, such widespread noncompliance can make a federal law “nearly impossible to enforce” (video here). Quite simply, the federal government is going to have an extremely difficult time – at best – carrying out indefinite detention in California without the assistance of California.

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Would MLK support TAC?

On the 28th of August, we celebrated the 50th anniversary of Rev. Dr. Martin Luther King’s “I Have A Dream” speech.

With the anniversary shining the spotlight on King’s moving speech, those lovely statists, who love the idea of a unchecked federal leviathan, hit the blogs to argue that Dr. King would never have supported the idea of nullification. They cite two examples to back their claims.

The first comes from that very famous speech.

“I have a dream that one day, down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of “interposition” and “nullification” — one day right there in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.”

The second is MLK’s letter from a Birmingham jail.

“I have traveled the length and breadth of Alabama, Mississippi and all the other southern states. On sweltering summer days and crisp autumn mornings I have looked at the South’s beautiful churches with their lofty spires pointing heavenward. I have beheld the impressive outlines of her massive religious-education buildings. Over and over I have found myself asking: “What kind of people worship here? Who is their God? Where were their voices when the lips of Governor Barnett dripped with words of “interposition” and “nullification”? Where were they when Governor Wallace gave a clarion call for defiance and hatred? Where were their voices of support when bruised and weary Negro men and women decided to rise from the dark dungeons of complacency to the bright hills of creative protest?”

“Peterr” at firedoglake.com does a pretty good job of summing up these blog posts.

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Establishment Hypocrisy from the New York Times

Earlier this year, the Missouri legislature passed a Second Amendment Preservation Act that would nullify unconstitutional federal actions violating the right to keep and bear arms. Gov. Nixon vetoed it. The legislature will have a chance to override in September.

On Saturday, the New York Times came out with an editorial using the Missouri bill as a springboard to ridicule those who think the federal government should not willy-nilly violate the Second Amendment.

As a measure of the gun culture’s dangerous sway over statehouse politicians, it is hard to top the pending proposal in Missouri that would pronounce all federal gun safety laws null and void in the state and allow the arrest of federal agents who try to enforce them.

In typical arrogant fashion, the Times editorial board proceeds as if no rational argument for the Missouri nullification bill exists so they can get right to painting supporters as ignorant, redneck, extremist, nutjobs. The board uses words like “bizarre” and “laughable” to describe efforts to stop the federal government from ignoring the constitutional limitations on its power. I suppose that makes James Madison “bizarre” and “laughable” for penning Federalist 46.

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